City of Roseville, MI
Macomb County
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Table of Contents
Table of Contents
[Adopted 10-11-1988 as Ord. No. 980; amended 3-23-1993 by Ord. No. 1032 (Art. XI of Ch. 340 of the 1984 Code)]

§ 340-32 Civil liability for expenses of emergency response and prosecution for persons convicted of operating a motor vehicle while intoxicated or visibly impaired.

[Amended 7-13-2004 by Ord. No. 1189]
A. 
Person liable. Any person who, while under the influence of intoxicating liquor or a controlled substance, or combination thereof, or while visibly impaired, due to the consumption of intoxicating liquor or controlled substance, or combination thereof, operates a motor vehicle and causes any incident resulting in an emergency response or a prosecution pursuant to the City of Roseville Code of Ordinances is liable to the City for the expenses of such emergency response and prosecution.
B. 
Emergency response expenses. Emergency response expenses shall include all of the following:
(1) 
Salaries or wages, including overtime pay, of law enforcement personnel for time spent responding to the incident from which charges arose, including arresting a person, processing the person, preparing reports on the incident, investigating the incident, collecting and analyzing evidence, determining bodily alcohol content and determining the presence of and identifying controlled substances in the blood, breath or urine.
(2) 
Salary, wages or other compensation, including overtime pay of the Fire Department and Emergency Medical Service personnel, including volunteer firefighters or volunteer emergency medical service personnel for time spent in responding to and providing fire-fighting, rescue and emergency medical services in relation to the incident.
(3) 
The cost of medical supplies lost or expended by Fire Department and Emergency Medical Service personnel, including volunteer firefighters or volunteer emergency medical service personnel.
C. 
Expenses of prosecution. Expenses of prosecution shall include all the following:
(1) 
Costs billed or to be billed to the City for legal services associated with the issuance of a complaint and warrant, investigation, response to discovery, subpoenaing of witnesses, preparation for trial, preparation of pleadings, response to motions and pleadings, court appearances and court time, telephone calls and conferences relating to prosecutions and any other services performed in connection with prosecuting the person.
(2) 
The salary and wages, including overtime pay of law enforcement personnel, Fire Department and Emergency Medical Services personnel, including volunteers, for preparation for and attendance at court proceedings relating to the prosecution of the person.
D. 
Presumption. For purposes of this section, any presumption set forth and contained within the Code of Ordinances for the City of Roseville relating to the prosecution of persons for operating while intoxicated or operating while visibly impaired, including any amendments or revisions to the Code of Ordinances, shall be applicable for determining liability pursuant to this section.
E. 
Nature of liability. Liability pursuant to this division shall be of a civil nature. Such liability shall not be construed to limit or restrict the liability the Court may otherwise impose upon such a person pursuant to any and all applicable law, including MCL § 769.1f. Such liability shall not reduce any criminal liability or responsibility, including fines and/or costs, imposed by a Judge or Magistrate on any person who may be convicted for the offense of operating while intoxicated or operating while visibly impaired or any similar offense.
F. 
Schedule of cost. The City Council shall, by resolution, adopt a schedule of costs, which schedule of costs shall be set forth and the nature and amount of costs included within the expense of an emergency response or prosecution. The schedule of cost shall be available to the public from the City Clerk and from the Police Department upon request. The schedule of cost shall be subject to periodic review and revision.
G. 
Billing for expense. The Police Department shall issue a statement to any person arrested and charged with operating while intoxicated or operating while visibly impaired as existing pursuant to ordinances at the time of adoption of this section or any substantially similar offense pursuant to any revised amendment or subsequently adopted ordinance. The bill shall be sent by first class mail or by personal service upon the person arrested, sent to the last known address as furnished at the time of arrest. Expense set forth in the bill is payable within 30 days from the date of emergency response or expense of prosecution.
H. 
Failure to pay. The City may commence a civil law suit in a court of competent jurisdiction to recover the unpaid expense of emergency response as well as any and all costs of such litigation, including actual attorney fees. Such remedy shall be a cumulative remedy to any and all other available legal remedies.

§ 340-33 Definitions.

The following terms as used in this article are defined as follows:
A. 
The furnishing, development or utilization of public service, police, fire-fighting and rescue services or other services from the City to an accident involving a motor vehicle where one or more of the drivers involved was operating the motor vehicle while vision impaired from alcohol and/or a controlled substance.
B. 
The development, furnishing or utilization of police, public service, fire-fighting and rescue services involved in or incidental to a traffic stop and arrest when the driver involved was operating a motor vehicle while under the influence of an alcoholic beverage and/or controlled substance or operating a motor vehicle while vision impaired from use of an alcoholic beverage and/or a controlled substance.
EXPENSE OF EMERGENCY RESPONSE
The costs associated with the occurrence of an emergency response, which shall include costs associated with the deployment and utilization of City employees, transportation, processing and lodging of arrested subjects, a completion of arrest procedures and bookings, the writing, filing and review of police reports, the administration of field sobriety tests, the administration of breathalyzer tests and the identification, recording and preservation of evidence. These costs shall be periodically reviewed and shall be established on a per-occurrence basis by Council resolution. Costs set forth in such resolution shall become effective following publication in a newspaper of general circulation.
EXPENSES OF COURT PREPARATION AND APPEARANCE
The costs associated with the review, preparation and assembling of evidence by City employees in preparation for a scheduled trial date and the costs of any appearance in court for a scheduled trial date. Such expenses shall be imposed notwithstanding that the matter is disposed of other than by trial or adjourned on the scheduled trial date. Such costs shall be set by Council resolution and shall become effective upon publication of such resolution in a newspaper of general circulation.

§ 340-34 Liability for costs and expenses.

A. 
Any person who operates a motor vehicle while under the influence of an alcoholic beverage and/or controlled substance or who operates a motor vehicle with vision impaired from an alcoholic beverage and/or a controlled substance which results in an emergency response shall be responsible and/or liable for the expenses of the emergency response and the expenses of court preparation and court appearance expense.
B. 
For purposes of this article, it shall be presumed that a person was operating a motor vehicle under the influence of an alcoholic beverage and driving with vision impaired from an alcoholic beverage if chemical analysis of the driver's blood, urine or breath indicates that the amount in the driver's blood exceeded .07% by weight of alcohol.

§ 340-35 Civil liability.

Provisions of this article are construed as a civil liability only. This article shall not be construed to conflict, contravene, enlarge or reduce criminal liability or responsibility, including but not limited to any costs or fines which may be imposed upon the operator of a motor vehicle while under the influence of alcoholic beverages or a controlled substance or while operating a motor vehicle with vision impaired from alcoholic beverages and/or controlled substances.